Terms & Conditions

THE EMAIL GUY — TERMS AND CONDITIONS
Last updated: 6 September 2026
These Terms and Conditions govern services supplied by Riaan Wessels, trading as “Riaan the Migration Email Guy” (“The Email Guy”, “we”, “us” or “our”).
“Client” means the person or entity that requests, purchases, accepts, renews or uses a Service. “Services” include hosting, email hosting, email migration, DNS administration, domain-related services, WordPress website services, technical configuration, troubleshooting and related work supplied by us.
By requesting a Service, accepting a quotation, paying an invoice, renewing a recurring Service, or continuing to use a Service after becoming bound by these Terms, the Client agrees to these Terms, subject always to any rights that applicable law does not permit the parties to exclude or limit.
A quotation, order confirmation or other written service-specific agreement may contain additional terms. If it conflicts with these Terms, the service-specific document prevails only for that Service and only to the extent of the conflict. No document overrides a statutory right that cannot lawfully be waived.

IMPORTANT NOTICE: Clauses 17–18, 21–24 and 26–33 contain provisions that allocate risk, require the Client to maintain backups, address fees, cancellation and refunds, permit suspension in defined circumstances, limit certain warranties or liability, impose an indemnity for specified third-party claims, govern the processing of personal information, and permit defined changes to these Terms. These provisions may affect the Client’s rights and remedies and should be read before the Client accepts a quotation, pays for a Service or renews a Service. Nothing in these Terms excludes or limits any right or liability that applicable law does not permit to be excluded or limited.

1. Plain language, transparency and AI interpretation
These Terms are deliberately written in plain language — not as a compliance formality, but because we want a Client to understand exactly what the Services do and do not cover before paying for them.
We actively encourage Clients and prospective Clients to copy these Terms into an AI system of their choice — Claude, ChatGPT, Gemini, Grok or otherwise — and ask it what we will and will not do. If a document cannot survive that kind of scrutiny, it is not really plain language; it is just shorter legal language.
An AI-generated explanation is not authoritative, does not amend these Terms, and does not create any additional warranty, obligation or representation. Where an AI interpretation conflicts with these Terms, these Terms prevail.
This permission applies only to copying and analysing these Terms. It does not extend to reproducing our proprietary website content, code, configurations, designs or other intellectual property.
2. Nature of the Service
We provide technical administration and facilitation services. We are not the manufacturer or operator of every system involved in supplying those Services.
Hosting infrastructure is supplied through third-party infrastructure providers, including xneelo. Email services depend on multiple systems including hosting infrastructure, DNS, mail servers, Internet connectivity, recipient mail systems and Client devices. Websites may depend on WordPress and third-party themes, plugins, APIs and services.
Our responsibility is therefore limited to the systems, configurations and work reasonably within our control and within the agreed scope of work. We do not undertake responsibility for the independent operation, availability, security, policies or conduct of third parties.
3. Upstream provider dependency
The Client acknowledges that our hosting and related Services operate within technical, security, resource and acceptable-use restrictions imposed by upstream providers. We cannot lawfully or technically provide the Client with greater infrastructure rights, capacity or functionality than those available to us.
Where an upstream provider does any of the following, we may make corresponding changes to the affected Service where reasonably necessary:
• changes a technical restriction or resource limit;
• suspends, modifies or discontinues a service;
• changes an acceptable-use or security requirement;
• applies rate limiting or other anti-abuse controls;
• performs maintenance or suffers an outage;
• changes its platform or software; or
• requires corrective, protective or compliance action.
No statement by us is intended to override an upstream provider’s technical limitation. Where our own limits are stricter than an upstream provider’s limits, our limits apply to the Client.
4. No continuous monitoring
The Services include a human administrator but are not a continuously staffed monitoring service or network operations centre.
Unless a separate written agreement expressly provides otherwise, we do not continuously monitor every website, mailbox, DNS record, domain, email queue, WordPress installation, plugin, blacklist, authentication record, storage level, device or third-party service.
Automated monitoring may exist at infrastructure level, but this does not mean that a human is reviewing every Client service continuously. Clients must notify us when they become aware of an issue requiring investigation. A failure that existed before we were notified does not by itself establish negligence or fault on our part.
5. Hosting is for normal commercial use
Hosting is intended for ordinary small- and medium-business operational use. It is not unlimited infrastructure and is not intended to operate as:
• a mass-storage platform;
• permanent archival storage;
• a general file repository;
• a bulk email platform;
• a multimedia distribution platform;
• a video-hosting platform; or
• infrastructure for abnormal automated resource consumption.
Excessive archival growth, abnormal mailbox accumulation, automated storage abuse or atypical resource consumption may require cleanup, restriction, suspension or migration to a more appropriate service. This general restriction applies even where a particular numerical limit has not yet been reached.
6. Video files
Video files may not be uploaded to or hosted directly on our hosting server unless we expressly approve an exception in writing.
Video should ordinarily be hosted through a service designed for video delivery and embedded into the website where appropriate. We may remove, disable or require removal of video files that materially consume storage, bandwidth or server resources.
7. Email hosting limits
Email hosting is intended for normal business correspondence and is not unlimited long-term archival storage.
Each individual mailbox is limited to 20 GB of storage and 100,000 files/inodes.
These are our Client-facing service limits. They do not represent that the upstream server has no other resource restrictions.
A mailbox may become operationally unsuitable before reaching 20 GB because email storage consumes both disk capacity and filesystem objects. Large numbers of individual messages can therefore cause performance problems independently of total mailbox size.
8. Mailbox overages and remediation
Where a mailbox exceeds 20 GB, we may notify the Client in writing. The Client then has 30 days from the date of that notice to reduce the affected mailbox to 20 GB or less or to migrate the domain’s email service to an appropriate external email provider.
If the mailbox remains above 20 GB after the 30-day remediation period, an overage charge of R500 per GB or part thereof per month above the 20 GB limit applies to each affected mailbox. For example, 21 GB incurs R500 per month and 25 GB incurs R2,500 per month.
Payment of an overage charge does not create a permanent right to remain above the limit. The requirement to reduce usage or migrate remains in force.
Where one mailbox makes the domain unsuitable for our email-hosting environment, we may require migration of all mailboxes associated with that domain while continuing to host the Client’s website and/or domain separately.
Email migration and any external provider’s setup, licence, subscription or recurring fees are charged separately.
9. File and inode consumption
Email stored in Maildir-type systems ordinarily consists of large numbers of individual filesystem objects. Message count therefore matters independently of gigabytes consumed.
Clients must not deliberately structure their use of the Services so as to circumvent storage, inode, filesystem or other resource restrictions.
We may require cleanup, restriction or migration where message count, directory size, file count or other filesystem behaviour threatens reliable operation, even if nominal disk capacity remains available.
10. No bulk email, spam or reputation abuse
Our hosted email accounts are for normal person-to-person and ordinary business correspondence. They are not bulk-email, newsletter, campaign or mass-mailing infrastructure. The Client may not use our hosting environment to conduct:
• unsolicited commercial email or spam;
• purchased-list or harvested-address mailing;
• cold-email campaigns at scale;
• mass newsletters or automated bulk campaigns;
• mail bombing; or
• other sending behaviour likely to damage server, domain or IP reputation.
High-volume marketing or transactional email must use a specialised email-delivery provider. This restriction applies even where recipients may technically have consented: consent may make communication lawful, but it does not convert an ordinary mailbox service into bulk-mail infrastructure.
Use that breaches an upstream provider’s acceptable-use rules, threatens server or IP reputation, or creates abnormal abuse or resource risk may be restricted or suspended under clause 27.
11. Email reputation and deliverability
We do not guarantee that an email will reach a recipient, avoid a spam folder, be accepted by Gmail, Microsoft or another provider, pass every third-party reputation system, avoid temporary deferral or blacklisting, or produce any particular delivery result.
Email delivery depends on systems outside our control, including sender content and behaviour, DNS, SPF, DKIM, DMARC, IP and domain reputation, recipient policies, blocklists, filters and third-party mail infrastructure.
A successful SMTP submission does not guarantee inbox placement. A recipient’s rejection of email does not by itself establish a fault with our hosting service.
12. SPF, DKIM, DMARC and DNS responsibility
The Client is responsible for ensuring that the DNS configuration associated with its domain is appropriate for the services it uses, including where relevant MX, SPF, DKIM, DMARC, verification records and other sender-authentication or service-specific DNS records.
Clients should request verification from us where they are uncertain whether required records are present or correct. Hosting fees do not include an indefinite obligation to audit every Client’s DNS records.
Where records must be investigated, created, corrected or updated, that work is billable unless expressly included in a quotation or service plan.
If the Client introduces a new sending platform, newsletter provider, Microsoft 365 tenant, Google Workspace environment, CRM, transactional sender or other third-party service, the Client must notify us where DNS changes are required.
We are not responsible for delivery problems resulting from missing, obsolete, conflicting or unauthorised DNS records that we were not engaged to inspect or maintain.
13. DNS propagation
DNS changes are distributed through independent networks, recursive resolvers and caches. We can correctly publish a DNS change but cannot guarantee that every Internet provider, network or device will observe that change immediately.
Propagation delays, stale caches, incorrect local DNS settings and third-party resolver behaviour are outside our direct control. Time spent diagnosing these issues is support work and may be billable.
14. Email migration
Email migration is a technical copying and reconciliation service. Where appropriate, we use IMAP-based migration tools such as imapsync to copy data exposed by the source mail server through IMAP to the destination mail server.
An IMAP migration can only migrate information that the source system makes accessible through the protocol and for which valid access is available.
The migration process may include folders, messages and supported message flags, but server-specific metadata, folder semantics, unsupported flags, corrupt messages, local-only email, inaccessible folders or provider-specific information may not map identically between systems.
15. Migration is not an independent historical audit
Unless a separate pre-migration audit is commissioned, we do not create an independently verified forensic inventory of every message that existed in every mailbox immediately before migration.
An undocumented post-migration recollection that “emails are missing” is therefore not, by itself, proof that those emails existed on the source server at the time of migration.
Migration validation is based on the data, tool output and logs reasonably available from the source and destination systems.
A Client requiring evidentiary proof of exact pre-migration contents must request a separate inventory, backup or reconciliation process before migration. That work is separately billable.
16. Client verification after migration
The Client must retain access to the source environment until migration and post-migration verification are complete. The Client must not cancel, delete, purge or destroy the source mailbox environment until we have indicated that technical migration work is complete and the Client has had a reasonable opportunity to verify its data.
The Client is responsible for checking important mailboxes and folders after migration.
Claims concerning allegedly missing information should identify enough information to permit a reasonable investigation, including:
• the affected mailbox;
• the affected folder;
• an approximate date;
• the sender or recipient;
• the subject; or
• other identifying information.
Where a claim cannot be reproduced or investigated because the source system has been cancelled, destroyed or made inaccessible, or the Client cannot identify the alleged missing material, we cannot guarantee a resolution.
17. Migration limitations and no guarantee of perfect equivalence
We will use reasonable care and commercially reasonable efforts when performing migration work. We do not warrant that every migration will be perfectly lossless or that source and destination systems will appear or behave identically.
Migration can be affected by pre-existing source corruption, unavailable messages, source or destination quotas, provider throttling, connection interruption, server outages, malformed messages, permissions, unsupported folders or flags, filesystem limits, source-side deletion, Client activity during migration, DNS changes, power or telecommunications failures, and actions or restrictions imposed by third parties.
To the maximum extent permitted by law, we are not liable for data that never became accessible to us from the source system or for information lost through a system or event outside our reasonable control.
18. Backups and data stewardship
Hosting and migration services are not a substitute for the Client maintaining appropriate independent backups of information that is commercially important.
Upstream or server backups may exist as operational or disaster-recovery mechanisms, but must not be treated as a guaranteed archival service or the Client’s sole backup strategy.
The Client remains responsible for determining what information must be retained, for how long it must be retained, and for maintaining independent copies where loss would be material.
19. WordPress websites and third-party software
Where we build or administer a website, the website may use WordPress and third-party themes, plugins, libraries, APIs or external services specified for the project.
WordPress and third-party software are not owned or controlled by us. Vendors may change functionality or licence terms, discontinue products, introduce subscription fees, publish incompatible updates, remove features, change APIs or introduce defects.
We are not responsible for the independent conduct of those vendors. Any paid plugin, theme, licence or third-party subscription required specifically by the Client may be charged separately.
20. Website changes and maintenance
Unless specifically included in a maintenance agreement, hosting fees do not include unlimited content changes, new pages, plugin installation, redesign, custom development, security remediation, performance optimisation, troubleshooting or third-party integration work.
Changes made by the Client, another developer, a plugin vendor, an automated update or another third party may affect the website. Where troubleshooting or corrective work is required after such a change, the work is billable unless otherwise agreed.
Giving the Client WordPress or administrative access does not make us responsible for changes subsequently made through that access.
21. Security responsibilities
Security is shared across multiple parties. We will take reasonable precautions within the scope of the Services and systems we administer.
The Client remains responsible for secure passwords, protecting credentials, authorised users, malware on Client devices, compromised accounts, unlawful content, insecure third-party tools, user conduct and promptly notifying us of suspected compromise.
A compromised account or service may be suspended where reasonably necessary to protect the server, other Clients, data, domain reputation or Internet reputation.
Investigation, malware cleanup, password resets, DNS remediation, blacklist remediation, website restoration and similar incident work are billable unless expressly included in a separate service.
22. Client devices and networks
Our hosting responsibility does not extend to guaranteeing operation from every particular computer, phone, tablet, browser, email application, operating system, VPN, private relay, firewall, local network, router or Internet service provider.
Where a service is demonstrably accessible through other networks or devices, a problem isolated to a specific Client device or network will ordinarily be treated as a Client-side issue.
We may assist with Client-side issues, but the assistance is billable unless otherwise agreed.
23. Troubleshooting is professional work
The occurrence of a technical problem does not establish that the problem was caused by us. A single email or website incident can originate in DNS, upstream infrastructure, a remote mail provider, WordPress, a plugin, a recipient system, an ISP, a Client device, credentials, malware, storage, reputation systems or user activity.
Determining the cause requires technical investigation. Troubleshooting and diagnostic time is therefore billable at our then-current rate unless it is expressly included in the Client’s service plan or we agree otherwise in writing.
Where an issue cannot be reproduced, observed or supported by sufficient diagnostic information, we are not obliged to continue investigating it. Where we reasonably require administrative access or diagnostic information and the Client refuses or cannot provide it, our obligation to investigate is suspended.
If an issue is conclusively established to arise solely from an uncorrected implementation error in work we performed within the agreed scope, we will correct that implementation error without additional labour charges, subject to applicable law and the terms of the original project.
24. No implied unlimited support
Payment for hosting purchases hosting. It does not purchase an unlimited quantity of technical labour.
Unless expressly stated otherwise, hosting fees do not include unlimited support for Outlook, Thunderbird, phones or computers, DNS changes, migrations, email deliverability, third-party systems, WordPress errors, plugin conflicts, cybersecurity incidents, mailbox cleanup, domain transfers or external provider coordination.
25. Domain names
Where we facilitate domain registration or renewal, the Client remains responsible for the lawful use of the domain name and for supplying accurate registration information.
Where reasonably possible, domains should be registered using details that preserve the Client’s ability to transfer the domain.
Domain registration and renewal remain subject to registry and registrar rules outside our control. Assistance with transferring a domain or migrating associated website, DNS or email services is separately billable.
26. Fees, renewals, cancellation and statutory consumer rights
Unless a quotation or invoice states otherwise, hosting, domain and recurring service fees are billed annually in advance. Work, licences, domain registrations, third-party charges and other amounts are payable as stated in the applicable quotation or invoice.
A renewal invoice is an offer to renew the applicable recurring Service for the stated term. Unless a separate written agreement provides otherwise, renewal occurs when the Client pays the renewal invoice. Payment of a renewal invoice constitutes acceptance of the version of these Terms in force on the renewal date.
To the maximum extent permitted by law, domain registration fees, third-party licence or subscription costs, non-recoverable upstream costs and work already performed are non-refundable. Any broader no-refund rule is subject to statutory cancellation, cooling-off, credit and refund rights that apply to the particular Client and transaction.
Where section 14 of the Consumer Protection Act applies to a fixed-term agreement with a natural-person consumer, the consumer’s statutory cancellation and renewal rights prevail, including any applicable right to cancel on written or other recorded notice subject to a reasonable cancellation penalty and amounts lawfully due.
Where section 44 of the Electronic Communications and Transactions Act applies to an electronic transaction for services, the applicable statutory cooling-off right prevails. If the Client expressly instructs us to begin the Service before the end of that cooling-off period, the Client consents to early commencement and any statutory exception that lawfully follows from that consent may apply.
Failure to pay by the applicable due date may result in suspension or termination of the affected Service, subject to any notice or other procedural requirement imposed by applicable law. Reinstatement may incur reasonable setup, restoration or administrative charges. Restoration of deleted, expired or unavailable data cannot be guaranteed.
27. Suspension and acceptable use
We may suspend, restrict or disable a Service where reasonably necessary to protect server stability, prevent spam or security abuse, comply with an upstream provider or law, stop unlawful content, prevent resource exhaustion, respond to compromised credentials, or prevent material harm to other users, systems or Internet reputation.
Where circumstances permit, we will attempt to communicate with the Client before taking non-urgent action. Urgent infrastructure, security, legal or abuse situations may require immediate action.
A suspension does not by itself establish fault by either party and does not prevent later investigation of the underlying cause.
28. Third-party outages and events outside reasonable control
We are not responsible for failure or delay caused by circumstances outside our reasonable control, including hosting-provider outages, data-centre incidents, Internet failures, telecommunications failures, DNS-provider failures, power failures or load-shedding events, hardware failure, software defects, cyberattack, denial-of-service attack, third-party suspension, governmental action, natural disaster or similar events beyond our reasonable control.
We will use reasonable efforts to assist with recovery where appropriate and within the scope of the Service, but such events do not create an obligation to provide unlimited labour or assume responsibility for systems we do not control.
29. No warranty of uninterrupted or error-free service
Services are supplied on an “as available” basis to the extent permitted by law.
We do not warrant that any website, mailbox, DNS system, migration process, third-party integration or hosting environment will be uninterrupted, error-free, permanently compatible, immune from attack, continuously available, or capable of recovering every item of data after every possible failure.
Nothing in this clause limits any warranty, right or remedy that applicable law does not permit the parties to exclude or limit.
30. Limitation of liability
Nothing in these Terms excludes or limits liability for fraud, wilful misconduct, gross negligence to the extent such liability may not lawfully be limited, or any other liability that applicable law does not permit the parties to exclude or limit.
Subject to the preceding paragraph and to the maximum extent permitted by law, we will not be liable for indirect, incidental, special or consequential loss, including loss of profit, revenue, anticipated savings, business opportunity, goodwill, reputation or business continuity, where such loss is legally capable of exclusion.
Subject to the preceding paragraphs and to the maximum extent permitted by law, our aggregate liability for proven direct loss arising from an affected recurring Service will not exceed the fees actually paid by the Client for that affected Service during the 12 months preceding the event giving rise to the claim. For a once-off project, the cap will not exceed the amount actually paid for that project.
The existence of more than one claim arising from the same event or series of related events does not increase the applicable cap.
This clause must be read together with the Important Notice at the beginning of these Terms and does not override any mandatory remedy available under applicable law.
31. Client indemnity for specified third-party claims
To the maximum extent permitted by law, the Client indemnifies us against third-party claims, losses, liabilities and reasonable costs to the extent they arise from the Client’s unlawful content, copyright or other rights infringement, spam or unlawful communications, misuse of a domain, unlawful processing of personal information, compromised accounts caused by the Client’s acts or omissions, unlawful instructions, material breach of these Terms, or use of the Services contrary to law or applicable upstream acceptable-use requirements.
This indemnity does not apply to the extent that the third-party claim was caused by our own breach of these Terms, fraud, wilful misconduct, gross negligence or other conduct for which liability cannot lawfully be excluded or transferred.
32. Personal information and POPIA
Where we process personal information on behalf of the Client solely to provide hosting, migration or technical Services, the Client ordinarily acts as the “responsible party” and we act as an “operator” for purposes of the Protection of Personal Information Act 4 of 2013 (“POPIA”), unless the facts or law require a different role. To the extent that we act as an operator, this clause forms part of the written operator arrangement between the Client and us.
The Client remains responsible for determining the lawful purpose and basis for collecting, using, retaining, disclosing and transferring personal information, for giving required notices, for responding to data-subject requests, and for ensuring that its instructions to us are lawful.
When acting as an operator, we will process personal information only with the Client’s knowledge or authorisation and as reasonably necessary to provide the Services or comply with law. We will treat personal information that comes to our knowledge as confidential and will not disclose it except as authorised, required for proper performance of the Services, or required by law.
We will establish and maintain appropriate, reasonable technical and organisational security measures contemplated by section 19 of POPIA, having regard to the nature of the processing and the systems reasonably within our control. The Client acknowledges that some infrastructure-level safeguards are implemented and controlled by upstream providers rather than by us directly.
If, while acting as an operator, we have reasonable grounds to believe that personal information processed on the Client’s behalf has been accessed or acquired by an unauthorised person, we will notify the Client immediately as required by POPIA. The Client remains responsible for any notification to the Information Regulator or data subjects that POPIA requires from the responsible party.
The Client authorises us to use reputable upstream infrastructure, hosting, software and service providers reasonably necessary to supply the Services. Where those providers process personal information on our behalf, we will use contractual, technical or organisational safeguards appropriate to the relationship and reasonably available to us. We do not, however, warrant the independent conduct or uninterrupted operation of an upstream provider.
On termination of a Service, the Client must retrieve any information it needs before access ends. We will cease active processing of Client data when it is no longer required for the Service, subject to legal retention obligations and ordinary technical or backup processes. Data may remain temporarily in routine backups or upstream systems until overwritten or deleted in accordance with applicable operational schedules. Confidentiality and security obligations continue while such data remains under our control.
Personal information that we process for our own account administration, billing, support, legal compliance or customer relationship purposes is governed by our Privacy Policy rather than solely by this operator clause. Website privacy notices and other Client-facing compliance obligations remain the Client’s responsibility unless expressly included in our scope of work.
33. Changes to these Terms
Technology, security risks, legal requirements, third-party services, upstream infrastructure and the nature of the Services change over time. These Terms are therefore not permanently fixed at the version that applied when the Client first became a customer.
We may amend, add to or replace provisions of these Terms where reasonably necessary for a legitimate operational, technical, security, legal or commercial reason, including changes in law or regulation, upstream-provider requirements, cybersecurity threats, fraud or abuse methods, technology or Internet standards, newly identified technical limitations or resource constraints, protection of system reliability or reputation, clarification of responsibilities, or changes to the Services offered.
The current version will be published on our website and will display a “Last updated” date.
Minor amendments, corrections and clarifications that do not materially reduce the Client’s existing rights may take effect when the revised Terms are published.
Where an immediate change is reasonably necessary because of a security risk, abuse, legal requirement, technical emergency or requirement imposed by an upstream provider, the change may take effect immediately. Where practicable, we will communicate the change as soon as reasonably possible.
Where a change is material and can reasonably be notified in advance, we will give reasonable notice using the email address or other electronic contact details held for the Client. We are not required to obtain a new handwritten or physically signed agreement each time these Terms are amended.
A material amendment applies prospectively from its stated effective date and does not retrospectively alter rights or liabilities that had already arisen before that date.
If, during a prepaid term, a material amendment materially disadvantages the Client, the Client may terminate the affected recurring Service by giving written notice before the amendment takes effect or, where an urgent amendment has already taken effect, within a reasonable period after notice of that amendment. In that case, we will refund the unused portion of our own recurring Service fee on a pro-rata basis, excluding work already performed and non-recoverable domain, licence, third-party or upstream costs. This does not require us to continue an unsafe, unlawful or technically unavailable Service while the termination is being implemented.
Continued use of the affected Service after a properly notified amendment takes effect constitutes acceptance of the revised Terms to the extent permitted by applicable law. Each renewal is governed by the version of these Terms in force on the renewal date, and payment of the renewal invoice constitutes acceptance of that version.
Nothing in this clause permits us to remove or restrict a right that applicable South African law does not permit the parties to waive.
34. Governing law, complaints and disputes
These Terms are governed by the laws of the Republic of South Africa.
A Client who wishes to raise a complaint should send it to [riaan(@)emailguy.co.za] with enough information to identify the affected Service and the issue. We will use reasonable efforts to investigate and respond.
Nothing in these Terms prevents a consumer from using any complaint, regulator, ombud, tribunal or court process that applicable law makes available and that cannot lawfully be excluded.
If a provision of these Terms is found to be unlawful or unenforceable, it will be severed or limited to the minimum extent necessary, and the remaining provisions will continue to operate to the extent permitted by law.
35. Provider information and electronic-transaction disclosures
The following information must be completed and kept current before these Terms are published or used for electronic transactions:
Full legal name: Riaan Wessels
Legal status: sole proprietor
Trading name: Riaan the Migration Email Guy
Physical business address: Remote
Address for legal service of documents: email documents
Telephone number: +27619196900
Email address: riaan(@)emailguy.co.za
Website address: www.emailguy.co.za
Privacy Policy: https://emailguy.co.za/privacy-policy/
Any applicable industry body, accreditation, code of conduct or alternative dispute-resolution code: “NONE”
The main characteristics and scope of each paid Service are described in these Terms together with the applicable quotation, invoice, order confirmation or service description. Prices are stated in South African Rand unless otherwise indicated and will be disclosed in the applicable quotation, invoice or electronic transaction before the Client places an order or makes payment.
Payment methods, performance timeframes, the minimum or recurring duration of a Service, and any service-specific cancellation terms will be stated in the applicable quotation, invoice or order confirmation. Where no different lawful timeframe is agreed and the Electronic Communications and Transactions Act applies, its statutory performance requirements apply.
A Client may request a copy of its quotation, invoice, order confirmation or other record that we reasonably retain. Refund and cancellation rules are set out in clause 26. Privacy and security matters are addressed in clause 32 and our Privacy Policy.
Where the Electronic Communications and Transactions Act requires a consumer to have an opportunity to review, correct or withdraw from an electronic transaction before finally placing an order, the applicable ordering process must provide that opportunity.
36. Continuity — Client’s ability to hold hosting directly with Xneelo
The Client’s hosting infrastructure is supplied through Xneelo. The underlying hosting environment is not proprietary to us, and the Client is not required to remain dependent on us indefinitely in order to continue using Xneelo’s infrastructure.
A Client may at any time create its own Xneelo account and request that its existing hosting package, domain name, email services and other transferable services be moved into that account, subject to Xneelo’s then-current account-transfer procedures, technical requirements and policies.
Where Xneelo requires confirmation, authorisation, account information or other reasonable cooperation from us in order to complete such a transfer, we will provide that cooperation and will not unreasonably withhold or obstruct the transfer.
The purpose of this provision is to preserve continuity for the Client. If the Client wishes to manage its hosting directly with Xneelo, the existing Xneelo infrastructure can ordinarily be transferred into the Client’s own Xneelo account rather than requiring the Client to rebuild its hosting environment with an unrelated provider, subject always to Xneelo’s applicable transfer procedures.
If we cease trading, become unavailable, are incapacitated, or are otherwise unable to continue providing the Services, the Client may approach Xneelo directly and request assistance in transferring the relevant services into the Client’s own Xneelo account. Any such transfer remains subject to Xneelo’s identity-verification, ownership, authorisation and account-transfer requirements in force at that time.
Nothing in this clause guarantees that every service, licence, configuration, third-party product or item associated with the Client’s account is transferable. Third-party software, licences, subscriptions or services remain subject to their own terms and transfer restrictions.